[Marxism] Erwin Chemerinsky and the Post-9/11 Attack on Academic Freedom

[Walter Lippmann <walterlx@xxxxxxxxxxxxx>]

Erwin Chemerinsky is that relatively rare phenomenon in this day
and age, the honest, principled and completely committed liberal.
I hope that he has a good lawyer, and that the scared bureaucrats
have been given one helluva wake-up call. 

He writes frequently in the L.A. Times, appears on Pacifica and
NPR, and is an invariable partisan of civil liberties. Therefore,
the ruling powers view such a man with fear and loathing, though
his academic colleagues, including those to his right, have since
spoken out strongly in his defense. There's now word that school
administrators may be seeking a way to bring Chemerinsky back, 
as I hope they do. After this flap, it would be good for that
school to do so, and would strengthen his hand as dean against
those who would censor, control and manipulate the school, too.

Not all conservatives are of the totalitarian bent which this
bunch who ganged up on Chemerinsky was. He's not the kind of
"in-your-face" polemicist as Norman Finkelstein is, but people
like Chemerinsky are very much understood to be a fearsome and
dangerous threat to the rightist-totalitarian party line which
Washington seeks to impose on the nation as a whole.


Walter Lippmann
Los Angeles, California
===============================================================

Erwin Chemerinsky and the Post-9/11 Attack on Academic Freedom
By Marjorie Cohn
Jurist
September 15, 2007

http://jurist.law.pitt.edu/forumy/2007/09/erwin-chemerinsky-and-post-911-attack.php

One week after renowned legal scholar Erwin Chemerinsky was offered
the position of dean of the new law school at the University of
California at Irvine, Chancellor Michael Drake withdrew the offer,
informing Professor Chemerinsky he had proved to be "too politically
controversial." Chemerinsky is one of the most eminent law teachers
and constitutional law scholars in the country. Author of a leading
treatise on constitutional law, he has written four books and more
than 100 law review articles. In 2005, he was named by Legal Affairs
as one of "the top 20 legal thinkers in America."

This is the latest chapter in the post September 11 attack on
academic freedom under the guise of protecting security. Two weeks
after 9/11, former White House spokeman Ari Fleischer cautioned
Americans "they need to watch what they say, watch what they do." The
American Council of Trustees and Alumni, a group founded by Lynne
Cheney and Senator Joe Lieberman, accused universities of being the
weak link in the war on terror; it included the names of 117
"un-American" professors, students and staff members. A few months
later, a blacklisting Internet cite called Campus Watch was launched.
It publishes dossiers on scholars who criticize U.S. Middle East
policy and Israel's treatment of the Palestinians. Earlier this year,
the Bruin Alumni Association at UCLA offered students $100 to tape
left-wing professors.

In 2003, the American Association of University Professors recalled
the "still-vivid memories of the McCarthy era" and warned of the
perils of sacrificing academic freedom in the war on terror. The
premise of their report was that "freedom of inquiry and the open
exchange of ideas are crucial to the nation's security, and that the
nation's security and, ultimately, its well-being are damaged by
practices that discourage or impair freedom."

At a 2004 conference on academic freedom at UC Berkeley, Professor
Beshara Doumani observed, "Academic freedom in the United States is
facing its most important threat since the McCarthy era of the 1950s.
In the aftermath of 11 September 2001, government agencies and
private organizations have been subjecting universities to an
increasingly sophisticated infrastructure of surveillance,
intervention, and control. In the name of the war against terrorism,
civil liberties have been seriously eroded, open debate limited, and
dissent stifled."

Art. 9, Â 9 of the California Constitution, which sets forth the
powers and duties of the Regents of the University of California,
provides, "The university shall be entirely independent of all
political or sectarian influence and kept free therefrom in the
appointment of its regents and in the administration of its affairs."

Drake denied he was influenced by pressure from donors, politicians
or the UC California Board of Regents. Yet psychology professor
Elizabeth Loftus, a member of the search committee, told the Los
Angeles Times that Drake told the committee he was compelled to make
the decision by outside forces whom he did not identify. Her account
was confirmed by a second member of the committee, who talked to the
Times on condition of anonymity.

Chemerinsky has handled several cases in the appellate courts and the
U.S. Supreme Court, and has testified many times before congressional
and state legislative committees, including before the Senate
Judiciary Committee in the Samuel Alito confirmation hearings.
Chemerinsky has represented Valerie Plame Wilson, the CIA agent whose
identity was revealed by members of the Bush administration; a
GuantÃnamo detainee asserting his right to habeas corpus; a man
sentenced to 50 years-to-life under California's three strikes law;
and a person challenging the Texas Ten Commandments monument.

UCI's November 16, 2006 press release announcing the inauguration of
the new law school said, "UCI law graduates will be particularly
encouraged to pursue careers in public service, including
non-governmental organizations and philanthropic agencies. As part 
of their training, UCI law students will provide legal services to
people who are unable to afford counsel. They also will be encouraged
to pursue public interest law through programs focusing on
underserved communities." Chemerinsky is devoted to public service as
well as legal scholarship and education. He was elected by voters to
be a Commissioner and chaired the Los Angeles Elected Charter Reform
Commission; the new Charter was adopted by voters in 1999. He also
spearheaded the Los Angeles Independent Analysis of the Board of
Inquiry Report on the Rampart Police Scandal, Prepared at the Request
of the Police Protective League, September 2000.

Untold numbers of law students have been helped through law school
and the bar exam by Chemerinsky, including National Lawyers Guild
Student Vice President Teague Briscoe, who said, "Chermerinsky on
Constitutional Law saved my life in law school and I loved him doing
the Professional Responsibility lectures but, most of all, I really
dug that he was a progressive law prof who defends an unpopular
client."

David Dow, Adjunct lecturer at the Annenberg School of Journalism and
former veteran CBS correspondent who frequently interviewed
Chemerinksy on legal issues, said, "I can't imagine any
considerations that would outweigh the prospect of launching a law
school with an internationally-known, highly-respected, fair-minded
expert at the helm. Apart from his legal and professional
credentials, Erwin has demonstrated an ability to get along well with
colleagues and the community wherever he's been." Dow's words were
echoed by Stanford Law School Dean Larry Kramer, who called
Chemerinsky "the nicest person in legal education." Conservative law
professor Douglas Kmiec wrote of Chemerinsky, "there is no person I
would sooner trust to be a guardian of my constitutional liberty. Nor
is there anyone I would sooner turn to for a candid, intellectually
honest appraisal of an academic proposal."

One of the "controversial" matters Drake cited to Chemerinsky was an
August op-ed the professor wrote in the Los Angeles Times criticizing
a proposed regulation by then-Atty. Gen. Alberto Gonzales to shorten
the time death row inmates have to file habeas corpus petitions. In
an op-ed in the Sep. 14 Times, Chemerinsky explained, "There are more
than 275 individuals on death row in California without lawyers for
their post-convictions proceedings. The effect of the new rule would
be that many individuals, including innocent ones, would not get the
chance to have their cases reviewed in federal court."

Drake's action, which sends a clear message to academics that they
must avoid speaking out or writing about controversial issues, is a
threat to academic freedom. As Chemerinsky wrote, "Without academic
freedom, the reality is that many faculty members would be chilled
and timid in expressing their views, and the discussion that is
essential for the advancement of thought would be lost."

Hundreds of faculty, students and staff at UC Irvine are urging
reinstatement of Chemerinsky. In an open letter to Drake, they wrote,
"We are disturbed because of the deep violation both of the integrity
of the university and of the intrusion of outrageously one-sided
politics and unacceptable ideological considerations into a hiring
process that should be driven by academic excellence, administrative
experience, leadership capacity, and personal integrity."

Chancellor Michael Drake should immediately reinstate Professor Erwin
Chemerinsky as dean of the UC Irvine Law School.

Marjorie Cohn is a professor at Thomas Jefferson School of Law and
president of the National Lawyers Guild. She is the author of Cowboy
Republic: Six Ways the Bush Gang Has Defied the Law. Her articles are
archived at http://www.marjoriecohn.com/


http://jurist.law.pitt.edu/forumy/2007/09/erwin-chemerinsky-and-post-911-attack.php

http://www.latimes.com/news/local/la-me-uci15sep15,1,2475298.story

From the Los Angeles Times
UCI reportedly working on a deal to rehire Chemerinsky
Days after the legal scholar was rejected as law school dean, talks are in 
progress.
He is noncommittal.
By Garrett Therolf and Maura Dolan
Los Angeles Times Staff Writers

September 15, 2007

UC Irvine officials on Friday were attempting to broker a deal to
once again hire liberal scholar Erwin Chemerinsky as dean of its
fledging law school, just three days after its chancellor set off a
national furor by dumping him.

Prominent Orange County attorney Tom Malcolm, a participant in
high-level university discussions, said: "I think we are satisfied
that if [UCI Chancellor Michael V. Drake and Chemerinsky] have a
meeting, they can come to some understanding, and [Chemerinsky] can
become a good dean."

Chemerinsky, who would have been the school's first dean, was
noncommittal about whether he would still take the UCI job. "I have
nothing to say about it. I haven't thought about it," he said.

An agreement would be an extraordinary development after Chemerinsky
contended this week that Drake succumbed to political pressure from
conservatives and sacked him because of his outspoken liberal
positions. The flap threatened to derail the 2009 opening of the law
school and prompted some calls for Drake's resignation.

Also Friday, details emerged about the criticism of Chemerinsky that
the university received in the days before Drake rescinded the job
offer, including from California Chief Justice Ronald M. George, who
criticized Chemerinsky's grasp of death penalty appeals. Also, a
group of prominent Orange County Republicans and Los Angeles County
Supervisor Mike Antonovich wanted to derail the appointment.

Drake has insisted that Chemerinsky didn't lose the dean's position
because of his politics, saying that it was only because he expressed
himself in a polarizing way.

Any deal would therefore require Chemerinsky to "successfully
transition from being a very outspoken advocate on many causes to
being a dean of the stature that we expect in a start-up law school,"
said Malcom, a prominent Orange County Republican who was going to be
a member of Chemerinsky's advisory board.

He said that Drake and Chemerinsky could come to terms following "an
effort to recognize that there was a breakdown in communication, and
it has nothing to do with this academic freedom issue."

Joseph F. Dimento, one of two professors already hired at UCI's
Donald Bren School of Law, and a supporter of Chemerinsky, said he
was aware of the effort to bring him back.

He cautioned, however, that a resolution would take effort on both
sides.

"I would hope that they would be able to consider whether
[reconciliation] is a reasonable approach or whether their
differences are too significant," Dimento said. "I would not want
them to compromise their differences."

A UCI spokesperson said Drake was not available for comment Friday.

Chemerinsky, a former USC law professor now at Duke University, has a
solidly liberal record.

He worked against California's three strikes law, argued in support
of judicial review for detainees held at Guantanamo Bay, Cuba, and
represented Valerie Plame Wilson, the CIA agent whose cover was blown
by members of the Bush administration.

Drake acknowledged that Chemerinsky had attracted significant
opposition from conservatives, but he would not name the people who
had contacted him. He said that their complaints were not the cause
for his decision to terminate the dean.The criticism included a
letter from the California Supreme Court criticizing a Chemerinsky
opinion piece in The Times.

In an interview Friday, George said Chemerinsky made a "gross error"
that was "very troubling" to the court in an Aug. 16 article that
criticized U.S. Atty. Gen. Alberto R. Gonzales. Drake offered him the
job that same day.

George, an appointee of Gov. Pete Wilson, said that Chemerinsky wrote
incorrectly that only one state, Arizona, provided lawyers for death
row inmates who want to file a constitutional challenge, known as a
habeas corpus petition, to have their sentences or convictions
overturned.

George said he was surprised Chemerinsky would make such a mistake.
The court asked Court Clerk Frederick K. Ohlrich to write a letter to
the editor to The Times to correct the piece.

"None of us could understand how somebody, let alone someone who is
very bright and a fine legal scholar, could get that wrong," George
said. "It had nothing to do with his philosophy. I certainly feel he
is an outstanding legal scholar and a fine advocate."

The Times has no record of the letter being received as a letter to
the editor or as a request for correction.

George gave a copy of the letter to Malcolm.

Malcolm said he gave the letter to Drake. "It disturbed him, but I
don't think it was the reason for his decision."

Chemerinsky was angered by the letter when told about it by The
Times.

"If the justices sent a letter to UC Irvine with the goal of
influencing the dean process, that's inappropriate," he said.

He also stood by his article. "My op-ed was accurate in saying
California does not comply with the federal standards for providing
counsel to those on death row in their post-conviction proceedings,
and Arizona is the only state deemed in federal district court to
have met the federal standards."

Michael Schroeder, one of Orange County's most powerful GOP political
players, said a group of 20 prominent Republicans organized against
Chemerinsky in recent weeks, believing him to be a "longtime partisan
gunslinger" and too "polarizing" for the job.

Another member of the group, who asked not to be identified, said
Drake's cellphone number was distributed so the protesters could call
the chancellor.

Antonovich said he too worked to derail the appointment by sending an
e-mail to a small group of supporters and urging them to contact the
university.

UC President Robert C. Dynes issued a statement Friday to The Times
praising Drake's integrity and saying that the chancellor has assured
him that he was not influenced by political pressure when he
rescinded the offer to Chemerinsky.

"Michael Drake is an honorable man and one of the finest academic
administrators I know," Dynes said. "He is not hesitant to address
controversial issues head-on and has done so in the past."

One UC official noted that Drake's standing with the university had
been so high before this incident that some saw him as a potential
candidate to take over for Dynes, who has announced he will step down
by June.

But now Drake is fighting for survival, which depends in large part
on whether he can regain the confidence of the UCI faculty.

Part of Drake's problem is that he appears to have given conflicting
reasons for his decision, at one point apparently attributing it to
expected opposition by the UC Board of Regents when it was to meet
next week.

Members of the board, however, said they were unaware of any
opposition to Chemerinsky's hiring.

garrett.therolf@xxxxxxxxxxx

maura.dolan@xxxxxxxxxxx

Times Staff Writers Christian Berthelsen, Jennifer Delson, Rebecca
Trounson and Richard C. Paddock contributed to this article.















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================================
WALTER LIPPMANN
Editor-in-Chief, CubaNews
writer - photographer - activist
http://www.walterlippmann.com
================================

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